FormSF1442_solicitation.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

See Attached

STANDARD FORM 1442 (REV. )

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( )

20b. SIGNATURE 20c. OFFER DATE

STANDARD FORM 1442 (REV. ) BACK

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Electrical Construction Multiple Award Task Order Contract (MATOC), firm-fixed price Indefinite-Delivery Indefinite Quantity (IDIQ) for repairs, renovations, and alterations to facilities and utilities.

0001 Electrical Construction Services. Ordering Period:

October 1, 2024 - September 30, 2029

PR NUMBER: NB195000-24-00288

DELIVERY DATE: 10/01/2024

SHIP TO:

NATIONAL INST OF STDS AND TECHNOLOGY

BUILDING 301 SHIPPING AND RECEIVING

100 BUREAU DRIVE

GAITHERSBURG MD 20899-0001

1.00 JB

PAGE 3 OF 49 1333ND24RNB190010

Table of Contents

SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 Statement of Work

SECTION G CONTRACT ADMINISTRATION DATA

G.1 Minimum Guarantee

G.2 1352.201-70 CONTRACTING OFFICER?s AUTHORITY (APR 2010)

G.3 1352.201-72 CONTRACTING OFFICER`S REPRESENTATIVE (COR) (APR 2010)

G.4 1352.216-75 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (APR 2010)

G.5 1352.216-76 PLACEMENT OF ORDERS (APR 2010)

G.6 52.232-99 DEVPROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS CONTRACTORS (AUG 2012)

G.7 NIST LOCAL-40BILLING INSTRUCTIONS FOR DELIVERY/TASK ORDERS

SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1 Contractor Responsibility

H.2 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

H.3 1352.216-74 TASK ORDERS (APR 2010)

SECTION I CONTRACT CLAUSES

I.1 52.202-1DEFINITIONS (JUN 2020)

I.2 52.203-3 GRATUITIES (APR 1984)

I.3 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

I.4 52.203-6RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)

I.5 52.203-7ANTI-KICKBACK PROCEDURES (JUN 2020)

I.6 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY

2014)

I.7 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

I.8 52.203-12LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020)

I.9 52.203-13CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021)

I.10 52.203-14DISPLAY OF HOTLINE POSTER(S) (NOV 2021)

I.11 52.203-17CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)

I.12 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS

(JAN 2017)

I.13 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

I.14 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

I.15 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

I.16 52.204-10REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020)

I.17 52.204-13SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

I.18 52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS (OCT 2016) 16

I.19 52.204-16COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

I.20 52.204-18COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

I.21 52.204-20PREDECESSOR OF OFFEROR (AUG 2020)

I.22 52.204-23PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED

BY KASPERSKY LAB COVERED ENTITIES (DEC 2023)

I.23 52.204-25PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (NOV 2021)

I.24 52.204-27PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUNE 2023)

I.25 52.209-6PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV 2021)

I.26 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)

I.27 52.210-1MARKET RESEARCH (NOV 2021)

PAGE 4 OF 49 1333ND24RNB190010

I.28 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

I.29 52.214-22 EVALUATION OF BIDS FOR MULTIPLE AWARDS (MAR 1990)

I.30 52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)

I.31 52.219-6NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)

I.32 52.222-50COMBATING TRAFFICKING IN PERSONS (NOV 2021)

I.33 52.223-3HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB 2021)

I.34 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

I.35 52.223-18ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUN 2020)

I.36 52.228-15PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (JUN 2020)

I.37 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

I.38 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

I.39 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

I.40 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

I.41 52.232-40PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023)

I.42 52.233-1 DISPUTES (MAY 2014)

I.43 52.233-3 PROTEST AFTER AWARD (AUG 1996)

I.44 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

I.45 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

I.46 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

I.47 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012)

I.48 52.249-3 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (DISMANTLING, DEMOLITION, OR REMOVAL OF

IMPROVEMENTS) (APR 2012)

I.49 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)

I.50 52.216-18ORDERING (AUG 2020)

I.51 52.216-19 ORDER LIMITATIONS (OCT 1995)

I.52 52.216-22 INDEFINITE QUANTITY (OCT 1995)

I.53 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I.54 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I.55 52.223-4 RECOVERED MATERIAL CERTIFICATION (MAY 2008)

I.56 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS

(AUG 2018)

I.57 52.225-13RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)

I.58 52.225-25PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS

RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS (JUN 2020)

I.59 52.233-2 SERVICE OF PROTEST (SEP 2006)

I.60 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

I.61 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

I.62 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

I.63 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

I.64 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

I.65 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

I.66 52.236-8 OTHER CONTRACTS (APR 1984)

I.67 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS

(APR 1984)

I.68 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

I.69 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

I.70 52.236-12 CLEANING UP (APR 1984)

I.71 52.236-13 ACCIDENT PREVENTION (NOV 1991)

I.72 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

I.73 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

I.74 52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

PAGE 5 OF 49 1333ND24RNB190010

I.75 52.243-4 CHANGES (JUN 2007)

I.76 52.244-6SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2023)

I.77 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.78 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

I.79 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

I.80 1352.237-75 KEY PERSONNEL (APR 2010)

SECTION J LIST OF ATTACHMENTS

J.1 List of Attachments

SECTION K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

K.2 52.204-26COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT 2020)

K.3 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2007)

K.4 52.204-24REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

K.5 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV

2015)

K.6 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN--CERTIFICATION (AUG

2009)

K.7 52.225-25PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS

RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS (JUN 2020)

SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 Instructions to Offerors

SECTION M EVALUATION FACTORS FOR AWARD

M.1 Section M - Evaluation and basis for Award

PAGE 6 OF 49 1333ND24RNB190010

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 Statement of Work

PAGE 7 OF 49 1333ND24RNB190010

PAGE 1 OF 75 SB1341-15-RP-0020

Statement of Work

Small Tier (ST) Electrical Construction Requirements Indefinite

Delivery/Indefinite Quantity (IDIQ) Contract

Classification Code:

Z – Maintenance, repair, and alteration of real property.

NAICS Code:

Subsector 238, Specialty Contractors/238210-Electrical Contractors and other Wiring

Installation Contractors.

Background:

The National Institute of Standards and Technology (NIST) Gaithersburg, Maryland campus is a Research and Development facility with 52 buildings located on a 578-acre campus. Other facilities are located withing Montgomery County, Maryland.

Most of the buildings and supporting infrastructure were constructed in the early to late 1960s.

There are several buildings that were constructed from the 1990s to the present. Except for some administrative and support buildings, most of the buildings contain laboratory facilities with specialized environmental and utility systems required for research activities.

Electrical services are distributed at 13.8 kV to buildings via feeders in concrete encased ducbank from main switch station, located in building 306. Most of the buildings operate in a three transformers spot network configuration.

The mission of the Office of Facilities and Property Management (OFPM) is to manage, operate, and maintain campus facilities in a safely a reliably manner. This includes providing cost-effective, efficient services and infrastructure programs essential for NIST’s operations.

Scope

Contractor shall provide the necessary supervision, management, personnel, material, equipment, services, and equipment to perform repairs, renovations, and alterations to facilities and utilities.

This is not a design-build contract. Requirements will be detailed within the individual task orders

(TOs).

Work may include, but not limited to the demolition, installation, maintenance, modification, addition, troubleshoot, and repair of the following:

1. Electrical branch circuits from 120-volt single phase up to 208 volt three phase, utilizing EMT, rigid conduit, and wiremold raceway systems.

2. 120/208, and 277/480 Volt service.

3. Transformers, network protectors, switchgear, switchboards, medium voltage load interrupters, pad mounted switches, panelboards, motors and control centers, uninterruptible power supply (UPS), generators, alarms, direct digital controls

(DDC) and various other electrical equipment and devices.

4. Electrical faults and problems.

5. Interior and exterior lighting (120 V to 277 V), including re-lamping and ballast replacement.

6. Work from building plans, blueprints, wiring diagrams, engineering drawings, and electrical

O&M manuals to plan and lay out the routing, placement type, size, gauge, balance, load, continuity, and safe operation of electrical lines, circuits, systems, equipment, and controls.

7. Life safety systems. To include fire alarm (Simplex), mass notification, exhaust fan/fume hood interlock, gas monitoring, and laser safety interlock systems.

PAGE 8 OF 49 1333ND24RNB190010

PAGE 2 OF 75 SB1341-15-RP-0020

8. 13.8 kV exterior power distribution systems in concrete encased duct banks.

9. Exterior low voltage communication systems in concrete encased duct banks.

10. Medium and low voltage faults in underground distribution networks with manholes.

11. Low and medium-voltage cables and splices.

12. Building low voltage communication systems.

Note: All work must be performed in accordance with industry, NIST, and OSHA standards, The National Electric Code (NFPA 70, current edition), Standard for Electrical Safety in the

Workplace (NFPA 70E, current edition). All Lock out/tag out procedures must be always followed. All workers must have the appropriate personal protective equipment (PPE).

Deliverable Schedule:

To be defined at each TO SOW/Requirements.

Requirements:

Multiple Indefinite Delivery/Indefinite Quantity (IDIQ) Contracts will be awarded to multiple offerors with a five (5) year ordering period. The IDIQ contract will have a total aggregate value up to

$9,000,000.

Minimum Contract value: $4,000

Maximum Contract value: $9,000,000

Task orders (TOs) are the individual contract actions to perform work within the structure of the contract. Specific scopes of various sizes and complexities will be issued for each

TO. TOs ranging in value from $2,500 to $2,000,000 will be competitively bid amongst the multiple awardees per FAR 16.505.

Minimum Task Order value: $2,500

Maximum Task Order value: $2,000,000

Government-Furnished Property, Material, Equipment, or Information (GFP, GFM, GFE, or GFI):

NIST will furnish applicable hazardous material information to the contractor on each TO.

Any other Government furnished property, material, equipment, or information will be detailed on each TO.

Security:

All contract employees shall obtain badges for this contract. The badge type is a (Green) Site

Card/ Personal Identification (PIV) Card. Contractor shall allow for up to 90 minutes to collect a badge (M-F 9AM to 12:00 PM).

NIST will not provide escort services to the contractor during the performance of this contract.

Travel:

No travel beyond Montgomery County, Maryland is required for this statement of work.

KEY PERSONNEL

Project Manager - Minimum of 10+ years’ experience managing electrical construction projects of similar size and complexity listed in the scope.

Construction Superintendent - Minimum of 10+ years’ experience managing electrical construction projects of similar size and complexity listed in the scope.

Special Material Requirements:

None

PAGE 9 OF 49 1333ND24RNB190010

PAGE 3 OF 75 SB1341-15-RP-0020

Other Unique Requirements:

Work will be performed in and around occupied areas performing scientific/research experiments where vibration, noise, outages of utilities, and disturbances to the physical environment may hinder the ability of the Government to perform required activities. As such, some tasks may involve phasing to maintain or limit disturbances to on-going operations. Any restriction will be identified in the scope of work for the individual TO. Certain activities may have to be performed outside of normal business hours. In this event, overtime rates would be applicable.

Work shall be performed in accordance with the general requirements listed in the “Guidelines for OFPM contractors and A/E Firms Performing Site Investigations and Fieldwork (Including

Construction) at the National Institute of Standards and Technology, Gaithersburg, MD. The contractor shall submit a job-specific safety plan with Activity Hazard Analysis (AHA) for review and approval by NIST. A notice to proceed will be issued after safety plan approval.

Place of Performance:

Montgomery County, Maryland – NIST

Period of Performance:

The contract period of performance is for a total of five (5) years inclusive of all ordering periods. Within the ordering period, a period of performance will be determined for each task order. However, the Government reserves the right to award less or more.

PAGE 10 OF 49 1333ND24RNB190010

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 Minimum Guarantee

PAGE 11 OF 49 1333ND24RNB190010

MINIMUM GUARANTEE

FAR 16.504 requires the Government to order and the IDIQ Contractor to furnish at least a stated minimum quantity of supplies or services. To ensure the IDIQ contract is binding, a minimum guarantee in the amount of $4,000.00 will be awarded to each IDIQ Contractor as their first Task Order. The amount of the minimum guarantee shall be deducted from the total cost of an IDIQ Contractor's next awarded Task Order.

If the Government awards a Seed Project, the Seed Project shall satisfy the minimum quantity requirement; therefore, the IDIQ Contractor awarded the Seed Project will not receive a separate minimum guarantee Task Order.

G.2 1352.201-70 CONTRACTING OFFICER?s AUTHORITY (APR 2010)

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

(End of clause)

G.3 1352.201-72 CONTRACTING OFFICER`S REPRESENTATIVE (COR) (APR 2010)

(a) Edgardo Rosario is hereby designated as the Contracting Officer`s Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

100 Bureau Dr Gaithersburg, MD 20899 Phone Number: 301-975-8269 Email: edgardo.rosario@nist.gov

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

G.4 1352.216-75 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (APR 2010)

During the term of the contract, the Government shall place orders totaling a minimum of $2,500.00 . The amount of all orders shall not exceed $9,000,000.00 for all awardees. .

Each task order is anticipated to be made using the Lowest Price Technically Acceptable process.

G.5 1352.216-76 PLACEMENT OF ORDERS (APR 2010)

(a) The contractor shall provide goods and/or services under this contract only as directed in orders issued by authorized individuals. In accordance with FAR 16.505, each order will include:

(1) Date of order;

(2) Contract number and order number;

(3) Item number and description, quantity, and unit price or estimated cost or fee;

(4) Delivery or performance date;

(5) Place of delivery or performance (including consignee);

(6) Packaging, packing, and shipping instructions, if any;

(7) Accounting and appropriation data;

(8) Method of payment and payment office, if not specified in the contract;

(9) Any other pertinent information.

(b) In accordance with FAR 52.216-18, Ordering, the following individuals (or activities) are authorized to place orders against this contract:

PAGE 12 OF 49 1333ND24RNB190010

(c) If multiple awards have been made, the contact information for the DOC task and delivery order ombudsman is Richard Stevens

G.6 52.232-99 DEV PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS CONTRACTORS (AUG 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including paragraph (b), in all subcontracts will small business concerns.

(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

G.7 NIST LOCAL-40 BILLING INSTRUCTIONS FOR DELIVERY/TASK ORDERS

(a) NIST prefers electronic Invoice/Voucher submissions and they should be emailed to

INVOICE@NIST.GOV.

(b) Each Delivery/Task Order Invoice or Voucher submitted shall include the following: (1) Contract Number; identified in Block 2 of the OF347. (2) Delivery/Task Order number identified in Block 3 of the OF347. (3) Contractor Name and Address. (4) Date of Invoice. (5) Invoice Number. (6) Amount of Invoice and Cumulative Amount Invoiced to-date. (7) Contract Line Item Number (CLIN).

(8) Description, Quantity, Unit of Measure, Unit Price, and Extended Price of Supplies/Services Delivered. (9) Prompt Payment Discount Terms, if Offered. (10) Any other information or documentation required by the contract.

(c) In the event electronic submissions are not used, the Contractor shall submit an original invoice or voucher in accordance with paragraph (b) above to the address identified in Block 21 of the OF347.

(END OF CLAUSE)

PAGE 13 OF 49 1333ND24RNB190010

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 Contractor Responsibility

PAGE 14 OF 49 1333ND24RNB190010

LOCAL CLAUSE – CONTRACTOR RESPONSIBILITY

The Contractor shall provide all management, administrative, clerical, and supervisory functions required for the effective and efficient performance of this contract.

The Contractor shall save and hold harmless and indemnify the Government against any and all liability claims, and cost of whatever kind and nature for injury to or death of any person or persons and for loss or damage to any property occurring in connection with, or in any way incident to, or arising out of, the occupancy, use, service, operations, or performance of work under the terms of this contract, resulting in whole or in part from the negligent acts or omissions of the Contractor.

The Government shall not be liable for any injury to the Contractor’s personnel or damage to the Contractor’s property unless such injury or damage is due to negligence on the part of the Government and is recoverable under the Federal Torts Claim Act, or pursuant to another Federal statutory authority.

A smooth and orderly transition between the Contractor and a predecessor or successor Contractor is necessary to ensure minimum disruption to vital Government business. The Contractor shall cooperate fully in the transition.

The Contractor shall adhere to the same professional and ethical standards of conduct required of Government personnel. The Contractor shall not:

a) discuss with unauthorized persons any information obtained in the performance of work under this contract

b) conduct business not directly related to this contract on Government premises

c) use computer systems and/or other Government facilities for company or personal business other than work related.

H.2 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

(a) Definition. As used in this provision-- "Internal confidentiality agreement or statement", "subcontract", and "subcontractor", are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

H.3 1352.216-74 TASK ORDERS (APR 2010)

(a) In task order contracts, all work shall be initiated only by issuance of fully executed task orders issued by the Contracting Officer. The work to be performed under these orders must be within the scope of the contract. The Government is only liable for labor hours and costs expended under the terms and conditions of this contract to the extent that a fully executed task order has been issued and covers the required work and costs. Charges for any work not authorized shall be disallowed.

(b) For each task order under the contract, the Contracting Office shall send a request for proposal to the contractor(s). The request will contain a detailed description of the tasks to be achieved, a schedule for completion of the task order, and deliverables to be provided by the contractor.

(c) The contractor shall submit a proposal defining the technical approach to be taken to complete the task order, work schedule and proposed cost/price.

(d) After any necessary negotiations, the contractor shall submit a final proposal.

(e) Task orders will be considered fully executed upon signature of the Contracting Officer. The contractor shall begin work on the task order in accordance with the effective date of the order.

(f) The contractor shall notify the Contracting Officer of any instructions or guidance given that may impact the cost, schedule or deliverables of the task order. A formal modification to the task order must be issued by the Contracting Officer before any changes can be made.

(g) Task orders may be placed during the period of performance of the contract. Labor rates applicable to hours expended in performance of an order will be the contract rates that are in effect at the time the task order is issued.

(h) If multiple awards are made by the Government, the CO shall provide each awardee a fair opportunity to be considered for each task order over the micro-purchase threshold unless one of the exceptions at FAR 16.505(b) applies.

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SECTION I

CONTRACT CLAUSES

I.1 52.202-1 DEFINITIONS (JUN 2020)

(Reference 52.202-1)

I.2 52.203-3 GRATUITIES (APR 1984)

(Reference 52.203-3)

I.3 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

(Reference 52.203-5)

I.4 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)

(Reference 52.203-6)

I.5 52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)

(Reference 52.203-7)

I.6 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) (Reference 52.203-8)

I.7 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) (Reference 52.203-10)

I.8 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020) (Reference 52.203-12)

I.9 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021)

(Reference 52.203-13)

I.10 52.203-14 DISPLAY OF HOTLINE POSTER(S) (NOV 2021)

(Reference 52.203-14)

I.11 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)

(Reference 52.203-17)

I.12 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS

(JAN 2017)

(Reference 52.203-19)

I.13 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) (Reference 52.204-4)

I.14 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(Reference 52.204-7)

I.15 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

(Reference 52.204-9)

I.16 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020) (Reference 52.204-10)

I.17 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(Reference 52.204-13)

I.18 52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS (OCT 2016) (Reference 52.204-15)

I.19 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

(Reference 52.204-16)

PAGE 16 OF 49 1333ND24RNB190010

I.20 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

(Reference 52.204-18)

I.21 52.204-20 PREDECESSOR OF OFFEROR (AUG 2020)

(Reference 52.204-20)

I.22 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED

BY KASPERSKY LAB COVERED ENTITIES (DEC 2023)

(Reference 52.204-23)

I.23 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (NOV 2021)

(Reference 52.204-25)

I.24 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUNE 2023)

(Reference 52.204-27)

I.25 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV 2021)

(Reference 52.209-6)

I.26 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015) (Reference 52.209-10)

I.27 52.210-1 MARKET RESEARCH (NOV 2021)

(Reference 52.210-1)

I.28 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

(Reference 52.211-10)

I.29 52.214-22 EVALUATION OF BIDS FOR MULTIPLE AWARDS (MAR 1990)

(Reference 52.214-22)

I.30 52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)

(Reference 52.216-27)

I.31 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)

(Reference 52.219-6)

I.32 52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)

(Reference 52.222-50)

I.33 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB 2021) (Reference 52.223-3)

I.34 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

(Reference 52.223-6)

I.35 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUN 2020) (Reference 52.223-18)

I.36 52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (JUN 2020)

(Reference 52.228-15)

I.37 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

(Reference 52.232-5)

I.38 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

(Reference 52.232-18)

I.39 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

PAGE 17 OF 49 1333ND24RNB190010

(Reference 52.232-27)

I.40 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

(Reference 52.232-39)

I.41 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023) (Reference 52.232-40)

I.42 52.233-1 DISPUTES (MAY 2014)

(Reference 52.233-1)

I.43 52.233-3 PROTEST AFTER AWARD (AUG 1996)

(Reference 52.233-3)

I.44 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

(Reference 52.233-4)

I.45 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

(Reference 52.236-26)

I.46 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(Reference 52.246-12)

I.47 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012) (Reference 52.249-2)

I.48 52.249-3 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (DISMANTLING, DEMOLITION, OR REMOVAL OF

IMPROVEMENTS) (APR 2012)

(Reference 52.249-3)

I.49 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)

(Reference 52.249-8)

I.50 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from See schedule through

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either--

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End Of Clause)

I.51 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) "Minimum order." When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) "Maximum order." The Contractor is not obligated to honor--

(1) Any order for a single item in excess of $2,000,000.00

(2) Any order for a combination of items in excess of $2,000,000.00 or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

PAGE 18 OF 49 1333ND24RNB190010

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 14 days after issuance, with written notice stating the Contractor`s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

I.52 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor`s and Government`s rights and obligations with respect to that order to the same extent as if the order were completed during the contract`s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after six months after the end of the period of performance of the base or option period.

I.53 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within thirty (30) days.

I.54 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 5 days of the contract end date provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years

I.55 52.223-4 RECOVERED MATERIAL CERTIFICATION (MAY 2008)

As required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(c)(3)(A)(i)), the offeror certifies, by signing this offer, that the percentage of recovered materials content for

PAGE 19 OF 49 1333ND24RNB190010

EPA-designated items to be delivered or used in the performance of the contract will be at least the amount required by the applicable contract specifications or other contractual requirements.

(End of Provision)

I.56 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS

(AUG 2018)

(a) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired--

(1) Competitively within a timeframe providing for compliance with the contract performance schedule;

(2) Meeting contract performance requirements; or

(3) At a reasonable price.

(b) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. The list of EPA-designated items is available at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

I.57 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)

(a) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC's implementing regulations at 31 CFR ChapterV, would prohibit such a transaction by a person subject to the jurisdiction of the United States.

(b) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas. Lists of entities and individuals subject to economic sanctions are included in OFAC's List of Specially Designated Nationals and Blocked Persons at https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists. More information about these restrictions, as well as updates, is available in the OFAC's regulations at 31 CFR Chapter V and/or on OFAC's website at https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information.

(c) The Contractor shall insert this clause, including this paragraph (c), in all subcontracts.

I.58 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR

TRANSACTIONS RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS (JUN 2020)

(a) Definitions.

"Person"--

(1) Means--

(i) A natural person;

(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and

(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and

(2) Does not include a government or governmental entity that is not operating as a business enterprise.

"Sensitive technology"--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with Federal Acquisition Regulation (FAR) 25.703-4, by submission of its offer, the offeror--

PAGE 20 OF 49 1333ND24RNB190010

(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and

(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds the threshold at FAR 25.703-2(a)(2) with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at https:// www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx).

(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if--

(1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225-24, or comparable agency provision); and

(2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(End Of Provision)

I.59 52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Richard Stevens 100 Bureau Drive Gaithersburg, MD 20899

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

I.60 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least fifty percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

I.61 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of--

(1) Subsurface or latent physical conditions at the site which differ materially from those indicated in this contract; or

(2) Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor`s cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

(c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the

PAGE 21 OF 49 1333ND24RNB190010

time prescribed in paragraph (a) of this clause for giving written notice may be extended by the Contracting Officer.

(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

I.62 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the…